‘Win A Disney On Ice Family Experience’ Competition Terms and Conditions - Game of Skill Competition Terms and Conditions ‘Win A Disney On Ice Family Experience’ It is important that you read and understand these Terms and Conditions, particularly paragraphs about Disney's legal responsibility to you such as paragraph 7. If you do not understand these Terms and Conditions, you should seek help to understand them. 1. Competition overview a) To be eligible to enter Disney’s ‘Win A Disney On Ice Family Experience Competition’ (the “Competition”), entrants must purchase any Disney branded or any seasonal Easter product from a Big W retail store or www.bigw.com.au between Monday 10 March 2014 and Sunday 20 April 2014 and retain their receipt of purchase (the “Purchase”). b) To enter the Competition, entrants must then go to www.bigw.com.au/disneyeaster and click through to the Competition page. There, entrants must enter the Competition by filling out the entry form, answering in 25 words or less “Tell us in 25 words or less why you want to win the Alice in Wonderland tea cup experience?” and nominate which Disney on Ice Treasure Trove touring state they would like to be eligible to win tickets to (the “Entry”). Each Disney on Ice Treasure Trove event date and time is outlined below: Disney On Ice Treasure Trove Show dates and times For the Major Prize draw: WA Perth: Thursday 29 May 2014, 7pm, Perth Arena SA Adelaide: Saturday 7 June 2014, 2.30pm, Adelaide Entertainment Centre NSW Wollongong: Friday 13 June 2014, 7pm, WIN Entertainment Centre NSW Newcastle: Friday 20 June 2014, 7pm, Newcastle Entertainment Centre QLD Brisbane: Saturday 28 June 2014, 2.30pm, Brisbane Entertainment Centre VIC Melbourne: Thursday 3 July 2014, 2.30pm, Hisense Arena NSW Sydney: Wednesday 9 July 2014, 2.30pm, AllPhones Arena For the Minor Prize draw: WA Perth: Perth Arena Friday 30 May 2014, 11am Sunday 1 June 2014, 1.30pm Sunday 1 June 2014, 5pm SA Adelaide: Adelaide Entertainment Centre Saturday 7 June 2014, 11am Sunday 8 June 2014, 11am NSW Wollongong: WIN Entertainment Centre Friday 13 June 2014, 11am Sunday 15 June 2014, 5pm NSW Newcastle: Newcastle Entertainment Centre Saturday 21 June 2014, 11am Sunday 22 June 2014, 5pm QLD Brisbane: Brisbane Entertainment Centre Sunday 29 June 2014, 10am Sunday 29 June 2014, 5pm VIC Melbourne: Hisense Arena Saturday 5 July 2014, 2.30pm Sunday 6 July 2014, 10am ‘Win A Disney On Ice Family Experience’ Competition Terms and Conditions - Game of Skill Sunday 6 July 2014, 5pm Monday 7 July 2014, 11am Monday 7 July 2014, 2.30pm NSW Sydney: Allphones Arena Thursday 10 July 2014, 11am Friday 11 July 2014, 11am Friday 11 July 2014, 2.30pm Friday 11 July 2014, 7pm Sunday 13 July 2014, 5pm c) Entry is open from Monday 10 March 2014 at 12:00am (AEDT) and closes on Sunday 20 April 2014 at 11:59pm (AEST) (the “Competition Period”). Entry can only be made during the Competition Period. The Competition winner selection will be made on Wednesday 30 April 2014 (the “Selection Date”). You may enter the Competition one (1) time per eligible Purchase and are eligible to win one (1) Prize only per eligible Purchase. d) Entry into the Competition is free (except for any normal internet connection charges that may apply). e) Entrants must be above the age of 18 years old at the time of Entry. 2. Promoter The promoter of this Competition is The Walt Disney Company (Australia) Pty Limited (ACN 054 610 025) ("Disney") of Level 5, 650 Chapel Street, South Yarra, Melbourne, Victoria, 3141, Australia. 3. Eligibility a) To be eligible to enter the Competition: i. you must be a permanent resident of Australia; ii. you must be above 18 years of age at the time of submitting an Entry; iii. neither you nor anyone in your immediate family may be an employee of Disney, affiliated with Disney or connected to the Competition in any way. b) Disney may disqualify you if: i. you or your Entry do not meet any one or more of the requirements set out in these Terms and Conditions; ii. your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party; or iii. you tamper in any way with the operation of the Competition. c) Your Entry must be complete, in English and legible. d) If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen legal or commercial circumstances or any other causes beyond the control of Disney which corrupt or affect the administration security, fairness, integrity, or proper conduct of this Competition, Disney reserves the right in its sole discretion, to cancel, terminate, modify, delay or suspend the Competition. 4. Winner selection a) The Competition is a game of skill. Chance plays no part in determining the winner. b) Disney will appoint judges for the Competition (the “Judges”). c) The Winner selection will take place on the Selection Date. Subject to clause 4 d) below, the best seven (7) entrants selected will be the Competition major prize winners, the next best twenty one (21) valid entrants selected will be the Competition minor prize winners and the next best one hundred and fifty (150) valid entrants selected will be the Competition runner up prize winners (each a “Winner”). ‘Win A Disney On Ice Family Experience’ Competition Terms and Conditions - Game of Skill d) Winners will be selected in accordance with the touring state in which they have selected to go into the running to win tickets to at the time of submitting an Entry. For example, if an Entrant nominates to go into the running to win tickets to shows made available in NSW then they will only be eligible for the Major Prize and Minor Prize tickets available for those shows. If you nominate NSW as your touring state, there are three (3) Major Prizes and nine (9) Minor Prizes available to be awarded. If you nominate QLD as your touring state, there is one (1) Major Prize and two (2) Minor Prizes available to be awarded. If you nominate SA as your touring state, there is one (1) Major Prize and two (2) Minor Prizes available to be awarded. If you nominate VIC a as your touring state, there is one (1) Major Prize and five (5) Minor Prizes available to be awarded. If you nominate WA as your touring state, there is (1) Major Prize and three (3) Minor Prizes available to be awarded. Entrants may elect to be placed into the running to win tickets to any show however flights, accommodation, transfers or any other expenses associated with attending a show will not be covered as a part of the prize. e) The Winners will be notified by phone and email within two (2) days of the Selection Date. All reasonable attempts will be made to contact the Winners. f) The Prizes must be claimed by 12:00pm (AEST) on Friday 9 May 2014. If for whatever reason any Prize is not claimed by this date and time, an unclaimed Prize selection will be carried out on Monday 12 May 2014 3:00pm (AEST). g) If any proposed selection date falls on a public holiday in Victoria, that selection will be conducted on the following business day. h) If any person first chosen as a Winner is found to be ineligible, they will be disqualified and another entrant will be selected as replacement Winner. 5. a) Prize There will be seven (7) major prizes (each a “Major Prize”), twenty one (21) minor prizes (each a “Minor Prize”) and one hundred and fifty (150) runner up prizes (each a “Runner Up Prize”) (collectively, each a “Prize”) to be won during the course of the Competition as follows: i. The Major Prize will consist of: A family experience for five (5) people to the Disney On Ice presents Treasure Trove show, including: o Five (5) A-Reserve tickets to the Disney On Ice presents Treasure Trove show^ valued at RRP AU$212.50 o Interactive experience during the show: for up to four (4) children aged 4-10 years to ride in the Tea Cup during the Alice In Wonderland "Painting the Roses Red" scene* o Group access to meet and greet with a star from the show* ^each winner will be selected based on the touring state they opted to go into the running to win tickets for at the time of submitting an Entry. If for any reason the Winner is unable to travel to the event location on the set dates and times, then the Winner will forfeit his/her prize an alternative winner will be selected. Flights, accommodation and/or transfers will not be awarded, under any circumstances, as a part of the prize. *the interactive experience is strictly available for up to four (4) children aged between 4-10 years old. Children under or over the age limit as well as adults are strictly prohibited from entering the tea cup. Both the interactive experience and meet and greet is subject to availability on the day of the show. The Promoter will advise the prize winners if they are able to participate in the experience on the night of the show. No responsibility is accepted by Disney for any variation in the prize. The maximum value for the Major Prize Pool is valued at RRP AU$1,487.50. ii. The Minor Prize will consist of: ‘Win A Disney On Ice Family Experience’ Competition Terms and Conditions - Game of Skill A family experience for five (5) people to the Disney On Ice presents Treasure Trove show, including: o Five (5) A-Reserve tickets to the Disney On Ice presents Treasure Trove show^ valued at RRP AU$212.50 o Interactive experience during the show: for up to four (4) children aged 4-10 years to ride in the Tea Cup during the Alice In Wonderland "Painting the Roses Red" scene* ^ Each winner will be selected based on the touring state they opted to go into the running to win tickets for at the time of submitting an Entry. If for any reason the Winner is unable to travel to the event location on the set dates and times, then the Winner will forfeit his/her prize an alternative winner will be selected. Flights, accommodation and/or transfers will not be awarded, under any circumstances, as a part of the prize. *the interactive experience is strictly available for up to four (4) children aged between 4-10 years old. Children under or over the age limit as well as adults are strictly prohibited from entering the tea cup. The interactive experience is subject to availability on the day of the show. The Promoter will advise the prize winners if they are able to participate in the experience on the night of the show. No responsibility is accepted by Disney for any variation in the prize. The maximum value for the Minor Prize is valued at RRP AU$4,462.50. iii. The Runner Up Prize will consist of: One Disney Prize Pack, including: o 1 x Admit 4 Pass To Disney's The Pirate Fairy Theatrical Release (theatrical release date: September 2014) RRP AU$78.00; o 1 x T21110 Disney Frozen (BD/DC) RRP AU$49.99; o 1 x T17860 Disney Planes (BD/DC) RRP AU$49.99; o 2 x Disney Plush RRP AU$30.00. The Runner Up Prize Pool is valued at a maximum of RRP AU$10,399.00 The total Competition prize pool is valued at RRP AU$37,147.00 The Prize values are based upon the recommended retail prices (inclusive of GST). Disney does not accept any responsibility for a change in Prize value. b) If you are a Winner: i. You may not transfer the Prize to anyone or ask for any alternative Prize (including cash). ii. Disney may replace the Prize with another prize of equal value in the unlikely event that the Prize becomes unavailable. iii. If you are not able to take the Prize as stated, you will forfeit the Prize and no payment or compensation will be made in lieu. iv. Once the Prize has left the premises of Disney, responsibility for any damage, delay or loss to the Prize during transit will pass to you. v. Disney may ask you to provide proof of your age, identity and residency, and to sign any required documentation including release forms as a condition of claiming the Prize. vi. You are responsible for all expenses and taxes connected to your participation in the Competition and not included in the Prize. vii. If requested by Disney, the Winner may be required and must agree to be filmed during the presentation of the Prize. The Winner hereby grants to Disney the right to issue, and authorise others to issue, publicity concerning the Winner, and the right to use the Winner’s name ‘Win A Disney On Ice Family Experience’ Competition Terms and Conditions - Game of Skill (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition. c) 6. If you are the Winner of the Major or Minor Prize, i. you and those travelling with you (your “Guests”) must, at the very least be able and willing to travel to the Disney On Ice Treasure Trove Show venue on the date for which your prize has been awarded. ii. Except as set out above and unless and to the extent otherwise specified, you are responsible for all expenses connected to your participation in the Prize, including meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, services charges, passports, visas and all other ancillary costs. iii. It will be a condition of accepting the Prize that the winner and guests agree that Disney will not be liable for any personal injury or other loss or damage (whether direct or consequential loss or damage) suffered or sustained in connection with the Prize, except for any liability that cannot be excluded by law. iv. Disney accepts no responsibility for any variation in the value or make-up of the prizes or any event that occurs that is beyond Disney’s reasonable control. The Winner and each of the guests also acknowledge that participation in and attendance at any event (including travel and accommodation providers) may be subject to additional terms and conditions imposed by third parties. Disney does not accept any responsibility and is not liable for additional conditions imposed at any event or for the breach of those conditions by any person. Ownership a) Disney will own your Entry and will not return your Entry at the end of the Competition. You may keep a copy of the Entry for archiving purposes. b) You agree that all of the rights (including intellectual property rights) in your Entry, including any copyright works in your Entry, belong to Disney and you hereby assign any rights you may have to Disney. This includes all copyright (present or future), other intellectual property rights and rights of ownership. You grant a perpetual worldwide license (including a right to sub-license) to Disney of all rights in your Entry pending completion of this assignment. c) You agree to do all things necessary (which may include signing documents) to transfer these rights to Disney. d) You consent to Disney doing or omitting to do anything that infringes your moral rights in your Entry. Moral rights are your inherent rights in your Entry as the author and/or performer in the Entry and comprise the rights: i. to be attributed as the author of the Entry; ii. not to have your authorship of the Entry falsely attributed; and iii. of integrity of authorship and/or performance. 7. a) Liability and Indemnity Disney is not liable, and you release Disney from liability, for any loss or damage that you may suffer from your participation in the Competition, including (without limitation) if: i. the Competition is cancelled, modified, suspended or delayed, including under paragraph 0d); or ii. Disney does not receive your Entry within the Competition Period for any reason. b) The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, they cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you. c) Nothing in these Terms and Conditions generally affects your rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and ‘Win A Disney On Ice Family Experience’ Competition Terms and Conditions - Game of Skill Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to paragraph 7b), Disney makes no warranties about any prizes offered as a part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes. d) You agree to indemnify Disney against all liabilities suffered or sustained by Disney arising from any claim by a third party that your Entry infringes the rights (including intellectual property rights) of any third party. 8. Representations and warranties You represent and warrant that you have all of the rights necessary to effect the transfer of rights to Disney under paragraph a). 9. Privacy a) Disney will collect your personal information (such as your name and biographical data) as part of the Competition and may use this information anywhere in the world for the purposes of administering the Competition, and other purposes for which we obtain your express consent. Where you have expressly consented, your personal information may be provided to Disney affiliates, including overseas affiliates for future promotional, marketing and publicity purposes without notice and without any fee being paid unless otherwise advised by you. b) Disney will comply with its privacy policy in the collection and use of your personal information. Disney's privacy policy is available at http://www.disney.com.au/policy.html. 10. Disney Intellectual Property a) Unless expressly stated in these Terms and Conditions, your participation in the Competition does not entitle you to use any of Disney's intellectual property rights (including any Disney trade mark or copyright) for any purpose. b) You may not disclose your Entry to anyone other than Disney. You may only use your Entry to participate in the Competition. You may keep any copy of your Entry for your personal records. 11. Governing law These Terms and Conditions are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum. 12. Severability Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction. 13. Entire Agreement These Terms and Conditions contain the entire agreement between you and Disney with respect to the Competition. They set out the only conduct that you have relied on and supersede all earlier conduct and prior agreements and understandings between you and Disney in connection with the Competition.
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